Rafael Francisco Ojeda Colon v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2021)

Rafael Francisco Ojeda Colon, a 70-year-old man, received an influenza vaccine on October 17, 2013. He alleged that he developed Guillain-Barré syndrome (GBS) shortly thereafter, with symptoms beginning around October 23, 2013, including numbness in his left leg and difficulty walking.

He was diagnosed with GBS and received treatment, including IVIg therapy. The case proceeded as a Table claim, meaning the injury was presumed to be vaccine-related if proven.

However, the respondent argued that Mr. Ojeda Colon failed to meet the statutory requirement of suffering residual effects or complications from the GBS for more than six months.

The Special Master reviewed extensive medical records and witness affidavits. While acknowledging the initial GBS diagnosis and treatment, the Special Master found that the medical records did not document specific GBS sequelae after February 11, 2014, approximately four months after onset.

Subsequent medical issues, such as constipation, bowel habit changes, falls, and fractures from unrelated incidents like falling from a horse, were not clearly linked to the GBS. Expert opinions offered later were found to lack sufficient contemporaneous support.

Ultimately, the Special Master determined that Mr. Ojeda Colon had not proven by a preponderance of the evidence that his GBS lasted for more than six months, and therefore, his claim was dismissed.

This decision was later upheld on review by the Court of Federal Claims, which found the Special Master's fact-finding and legal conclusions to be reasonable and not arbitrary or capricious.